IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.29160 of 2011
Manish, son of Sri Sanjay Prasad.
Versus
The State Of Bihar
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2. 08.09.2011 Heard learned counsel for the petitioner and the
State.
The petitioner seeks bail in a case instituted for
the offence under Section 379 of the Indian Penal Code.
It has been submitted that the motorcycle was not
recovered from the physical possession of the petitioner, but
from N.M.C.H., I.D.H. Colony, for which the petitioner is in
custody since20.6.2011.
Considering the same, let the petitioner above
named, be released on bail on furnishing bail bond of Rs.
5,000/- (Five thousand) with two sureties of the like amount
each or any other surety to be fixed by the court concerned to
the satisfaction of Chief Judicial Magistrate, Patna, in
connection with Kadam Kuan P.S. Case No. 172 of 2011
subject to the following conditions: (i) That one of the bailors will
be a close relative of the petitioner, who will give an affidavit
giving genealogy as to how he is related with the petitioner and
the other shall be the father of the petitioner. The bailor will
undertake to furnish information to the court about any change
in the address of the petitioner. (ii) That the affidavit shall clearly
state that the petitioner is not an accused in any other case
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and, if he is, he shall not be released on bail. (iii) That the bailor
shall also state on affidavit that he will inform the court
concerned if the petitioner is implicated in any other case of
similar nature after his release in the present case and
thereafter the court below will be at liberty to initiate the
proceeding for cancellation of bail on the ground of misuse. (iv)
That the petitioner will give an undertaking that he will receive
the police papers on the given date and be present on date
fixed for charge and if he fails to do so on two given dates and
delays the trial in any manner, his bail will be liable to be
cancelled for reasons of misuse. (v)That the petitioner will be
well represented on each date and if he fails to do so on two
consecutive dates, his bail will be liable to be cancelled.
In the nature of allegation, the petitioner has been
implicated at the instance of the local police who is hostile to
the petitioner and seeks protection of a person well reputed
doing social service in the area. Under the circumstances, the
petitioner will report to Mr. Kishore Kunal, Chairman, Bihar
Religious Trust Board, Bihar, Patna, within fifteen days of his
release on provisional bail for a period of six months and file a
certificate about the same in the court within the stipulated
time. In case, the petitioner fails to file certificate, notice shall
be sent to him for cancellation of bail, (ii) That once the
petitioner reports to Mr. Kunal, Mr. Kunal is requested to
evolve a method by which without affecting the petitioner’s
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present vocation, if any, the petitioner can be made socially
productive so that an effort is made to bring him back in the
main stream of the society/ he is given adequate protection
and (iii) At the end of the six months, the petitioner will be
required to file a certificate in the court below granted by Mr.
Kishore Kunal. If the certificate granted to the petitioner is
found satisfactory, the court below will confirm the provisional
bail granted to the petitioner or else will issue notice for
cancellation of bail.
( Anjana Prakash, J.)
S.Ali